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RAND v. MILLER

No. 49650.

95 N.W.2d 916 (1959)

Wubbina Katherine RAND, Hilkea Rand and Shamka Rand, Plaintiffs-Appellees, v. William H. MILLER and Rose Miller, Husband and Wife; Marlon Miller and Lucille Miller, Husband and Wife; Lester V. Smith and Una M. Smith, Husband and Wife; and Gene P. Smith, Defendants-Appellants. T. J. RAND and Fannie Rand, Husband and Wife, Plaintiffs-Appellees, v. William H. MILLER and Rose Miller, Husband and Wife; Marion Miller and Lucille Miller, Husband and Wife; Lester V. Smith and Una M. Smith, Husband and Wife; and Gene P. Smith, Defendants-Appellants.

Supreme Court of Iowa.

April 8, 1959.

Attorney(s) appearing for the Case

Eugene O'Sullivan, Jr., Omaha, Neb., and Russell McKay, Logan, for defendants-appellants.

K. C. Acrea, Missouri Valley, for plaintiffs-appellees.

THOMPSON, Chief Justice.

Responsibility for this litigation rests with the restless Missouri River. Like a tormented soul, this mighty stream wanders from side to side of its channel, and intermittently and frequently breaks away from the course it had formerly chosen and creates new boundaries. This is a course of conduct not unknown to rivers; but the Missouri, at least along the Iowa-Nebraska shores, is peculiarly given...

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